A monument commemorating La Constitución de Cádiz still stands in front of the Government House in St. Augustine.
The 1861 Constitution also added several sections affecting the power of General Assembly of Florida, such as limiting the duration of sessions, allowing it to license toll bridges and pass general laws for name changes, prohibiting it from allowing married women or minors to contract or manage their estates, and prohibiting it from legitimizing bastards.
Prohibitions on certain bankers and certain previous office holders from being elected until the expiration of a year from having left their prior position were removed.
[citation needed] Since the Convention generally approved of Governor Perry's actions it made no move to interfere with his administration.
However, when Governor John Milton took office in October 1861 and reversed some policies of his predecessor, a movement was started to reconvene the convention.
[3] The Reconstruction era constitution returned civilian control of the state after Florida became subject to the military authority of the federal government in 1867.
Of the 46 elected delegates, 18 were black and at least 15 were former slaves, who were described as literate, "gentlemen", and "eloquent" by a Northern reporter who was present.
[4] According to historian Adam Wasserman, "The radical delegates were in the vast majority and backed by a large militant black electorate.
[5]: 529 The "radical" majority proceeded to craft "the initial and legitimate constitution", signed it, and then adjourned for a week to hear back from the Reconstruction military commander, General George Meade.
On February 10, the 21 "moderate" delegates, with the aid of Democratic governor and ex-Confederate general David S. Walker, broke into the hall at midnight.
With its acceptance by the Federal military authorities, the State of Florida was recognized as being restored to the Union, and its senators and representatives were admitted to Congress.
The new constitution legitimized a poll tax as a prerequisite for voting (Article VI, Section 8), thus effectively causing disfranchisement of blacks and many poor whites.
[citation needed] The political context of this new Constitution was that it was a necessary step toward fair apportionment of legislative districts, required by the US Supreme Court in various decisions in the 1960s.
Many states, including Florida, had allotted a fixed number of senators per county, regardless of population, since the republic began.
The change became effective January 7, 2003, and the Florida Cabinet now consists of the attorney general, the chief financial officer and the commissioner of agriculture.
Search and seizure and cruel and unusual punishment protections are to be consistent with the United States Supreme Court's interpretation of those rights.
Section seven mandates that those living in the Everglades Protection Area, who cause water pollution, will be primarily responsible for its remediation.
It currently specifies that the cabinet will consist of an attorney general, a chief financial officer, and a commissioner of agriculture with specifically defined powers, and it designates them as elected rather than appointed.
This change required the creation of a new Florida Office of the State Courts Administrator, which assists the chief justice.
An amendment ratified in 1976 ended contested elections for Florida's appellate judges and made them subject to merit retention votes under a modified Missouri Plan.
Two key distinctions are set forth therein: Section 1 of this Article also establishes the following elected county officers for terms of four years:[15] Discusses both PK-12 and college/university public education.
Section 4 lays out Florida's homestead exemption provision, considered one of the most protective in the nation for resident property owners.
The provision exempts from forced sale (except to pay taxes, mortgages, or mechanic's lien) 160 acres of contiguous land plus all improvements (if located outside a municipality) or 1/2 acre of contiguous land plus all improvements (if located inside a municipality), regardless of the property's value, plus personal property up to US$1,000.
Section 6c, resulting from the Kelo v. City of New London decision, prohibits the conveyance of property taken by eminent domain to another person or private entity without 3/5ths approval of both houses of the Florida Legislature.
The Division of Statutory Revision within the Office of Legislative Services is responsible for codifying new amendments and removing obsolete language.
The section, indexes, headings, and notes are considered editorial features and not part of the Constitution per se, and thus do not convey any rights.
[19]: 36 The clause "except as otherwise provided herein" ensures that the provision does not impair law enforcement activities under Article I, Section 12 on searches and seizures, which is interpreted in parallel with the Fourth Amendment to the United States Constitution.
In contrast, the Florida Supreme Court has held that the state has a compelling interest in compelling applicants for the state bar association to provide mental health records and that a municipality that was self-insured for healthcare benefits could require job applicants to disclose whether they smoke at home.
Governor Jeb Bush and some other legislators pushed for the inclusion of the ballot item to remove the amendment, claiming the rail network would be too costly to build.
Jeb Bush, however, claimed that he was not opposed to the eventual construction of such a system, but that it should be managed by the Florida Department of Transportation.